- (1.) Sole petitioner Santanu Mukherjee has filed this case against State of West Bengal and Smt. Sampa Mukherjee (Biswas) as opposite parties (hereinafter called as O.P.) no. 1 and 2 respectively. During pendency of this case petitioner has filed one supplementary affidavit.
(2.) Succinctly, petitioner has prayed for transfer of G.R. Case No. 35 of 2014 under Section 498 A of the Indian Penal Code from the Court of learned Additional Chief Judicial Magistrate, Bolpur, Birbhum to the Court of learned Chief Judicial Magistrate, Alipore, South 24 Parganas under Section 407 of the Code of Criminal Procedure, 1973 read with Section 482 of that Code. Stating inter alia the petitioner has alleged that the G.R. Case No. 35 of 2014 has been brought at the instance of his wife Sampa Mukherjee with false allegations. During petitioner's attendance in Bolpur Court he was abused and threatened by Mr. Uday Garai, learned Advocate for the opposite party no. 2 but the learned Additional Chief Judicial Magistrate did not take any steps. Further allegation of the petitioner is that under instigation of said Mr. Uday Garai the opposite party no. 2 and her father assaulted the petitioner subsequently. Learned Additional Chief Judicial Magistrate, Bolpur is biased against the petitioner. The petitioner apprehends that he may be assaulted by his wife opposite party no. 2 at the time of his attending the Bolpur Court. He also apprehends that fair trial of the case may not be possible in the Court of learned Additional Chief Judicial Magistrate. Since according to the allegations made against the petitioner some incidents occurred under the jurisdiction of Alipore Court the case may be withdrawn from Bolpur Court and may be transferred to Alipore Court. During pendency of this case on 3.12.2014 a Co-ordinate Bench of this High Court made a request upon the advocate for the State to ensure through the Officer-in-Charge, Bolpur Police Station that no harm is caused to the petitioner when he shall be at Bolpur for attending Court Proceedings. Thereafter submitting supplementary affidavit the petitioner complained that learned Additional Chief Judicial Magistrate, Bolpur is avoiding the trial of G.R. Case No. 35 of 2014. On 03.02.2015 just outside the Court room of learned Additional Chief Judicial Magistrate, Bolpur Mr. Uday Garai, Advocate and his associate advocate Shree Babu assaulted physically and mentally to the petitioner and also threatened him with dire consequence. Said matters were subsequently reported to learned Additional Chief Judicial Magistrate filing petitions on different dates but of no effect. Due to assault on petitioner on 03.02.2015 he became ill on his returning way to Kolkata and he was medically treated at Burdwan Medical College and Hospital and then at N.R.S. Medical College and Hospital at Kolkata.
(3.) Subsequent to filing of the supplementary affidavit of petitioner a direction was given to the Officer-in-Charge of Bolpur Police Station by an order dated 24.07.2015 for submitting report as to whether on 03.02.2015 the petitioner was assaulted at the instance of opposite party no. 2 Sampa Mukherjee (Biswas) although the petitioner Santanu Mukherjee was under Police protection at that time or not.;